3710.08
Duties of contractor and specialist.

(A)
An
asbestos hazard abatement contractor engaging in any asbestos hazard abatement
project shall, during the course of the project:

(1)
Conduct
each project in a manner that is in compliance with the requirements the
director of environmental protection adopts pursuant to section
3704.03 of the Revised Code and
the asbestos requirements of the United States occupational safety and health
administration set forth in 29 C.F.R. 1926.58 ;

(2)
Comply
with all applicable rules adopted by the director of
health pursuant to section
3710.02 of the Revised
Code.

(B)
An
asbestos hazard abatement contractor that is a public entity shall:

(1)
Provide
workers with protective clothing and equipment and ensure that the workers
involved in any asbestos hazard abatement project use the items properly.
Protective clothing and equipment shall include:

(a)
Respirators approved by the national institute of occupational safety and
health. These respirators shall be fit tested in accordance with requirements
of the United States occupational safety and health administration set forth in
29 C.F.R.
1926.58(h). At the request
of an employee, the asbestos hazard abatement contractor shall provide the
employee with a powered air purifying respirator, in which case, the testing
requirements of division (B)(1)(a) of this section do not apply.

(b)
Items
required by the director of health by rule as provided in division (A)(7) of
section 3710.02 of the Revised
Code.

(2)
Comply
with all applicable standards of conduct and requirements adopted by
the
director of health pursuant to section
3710.02 of the Revised
Code.

(C)
An
asbestos hazard abatement specialist engaging in any asbestos hazard abatement
project shall, during the course of the project:

(1)
Conduct
each project in a manner that will meet decontamination procedures, project
containment procedures, and asbestos fiber dispersal methods as provided in
division (A)(6) of section
3710.02 of the Revised
Code;

(2)
Ensure
that workers utilize, handle, remove, and dispose of the disposable clothing
provided by abatement contractors in a manner that will prevent contamination
or recontamination of the environment and protect the public health from the
hazards of exposure to asbestos;

(3)
Ensure
that workers utilize protective clothing and equipment and comply with the
applicable health and safety standards set forth in division (A) of section
3710.08 of the Revised Code;

(4)
Ensure
that there is no smoking, eating, or drinking in the work area;

(5)
Comply
with all applicable standards of conduct and requirements adopted by the
director of
health pursuant to section
3710.02 of the Revised
Code.

(D)
An
asbestos hazard evaluation specialist engaged in the identification, detection,
and assessment of asbestos-containing materials, the determination of
appropriate response actions, or other activities associated with an abatement
project or the preparation of management plans, shall comply with the
applicable standards of conduct and requirements adopted by
the
director of health pursuant to section
3710.02 of the Revised
Code.

(E)
Every
asbestos hazard abatement worker shall comply with all applicable standards
adopted by the director of health pursuant to section
3710.02 of the Revised
Code.

(F)
The
department may, on a case-by-case basis, approve an alternative to the worker
protection requirements of divisions (A), (B), and (C) of this section for an
asbestos hazard abatement project conducted by a public entity, provided that
the asbestos hazard abatement contractor submits the alternative procedure to
the department in writing and demonstrates to the satisfaction of the
department that the proposed alternative procedure provides equivalent worker
protection.